Md. Code Regs. 11.13.10.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.13.10.04 - Guidelines

A. Correlation.

(1) The ignition interlock device shall correlate with an alcohol concentration recommended under the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter with the accuracy provided for in these specifications, but may not be higher than 0.025 percent.

(2) A correlation coefficient of 0.90 is considered reliable. Ninety times out of 100, the ignition interlock device shall respond to, detect, and interlock when an individual has an alcohol concentration of 0.025 percent or higher.

B. Reliability.

(1) Device user complaints shall be reported as required in Regulation .14 of this chapter.

(2) Complaints shall be serviced as follows:

(a) Customer error in operation or misuse shall be corrected with additional instructions;

(b) Device problems due to component failures shall be corrected through exchange of appropriate package.

C. Accuracy.

(1) Breath test devices shall use breath specimens which are alveolar air samples ("deep lung air") in accordance with established forensic alcohol standards meeting the specifications contained in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.

(2) The calibrated setting shall be at 0.025 percent BAC. The device shall have an accuracy of 90 percent and shall detect and interlock when the air sample provided to it contains alcohol at or above the calibrated setting.

(3) The ignition interlock device shall be calibrated for proper use and accuracy semiannually, or more frequently as the circumstances may require.

D. Security.

(1) The device, the installation of the device, and the monitoring of the device, including the transmission of data to the Administration, shall provide for the security features set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.

(2) The manufacturer and the service provider shall take all reasonable steps necessary to prevent tampering or circumvention of the device, as set forth in the current BAIID Model Specifications incorporated by reference under Regulation .02-1 of this chapter.

E. Environmental Features. The device shall operate reliably over the range of motor vehicle environments or motor vehicle manufacturing standards. The device shall:

(1) Be resistant to shock and vibration as normally found in a motor vehicle environment;

(2) Operate accurately over a temperature range of -20°C to +70°C; and

(3) Operate accurately with an altitude range of 0 to 2,500 feet (sea level to 2,500 feet above sea level).

F. Mandatory Operational Features.

(1) The device shall:

(a) Be designed to permit a restart (grace period) of a vehicle's ignition within 120 seconds after the ignition has been shut off, without requiring a further test;

(b) Automatically purge residual alcohol before allowing subsequent tests;

(c) Be provided with a supply of disposable mouthpieces with saliva traps, and the manufacturer shall ensure the availability of additional mouthpieces;

(d) Be required to be stowed out of the way before starting the motor vehicle;

(e) Be designed so that a second breath test is performed once a vehicle has been underway for at least 5 minutes but not more than 30 minutes; and

(f) Have an onboard datalogger, which shall be:

(a) Capable of being downloaded in an installation facility or in the field through mobile means, and

(b) Encrypted with the software programs allowing access to the data stored in the device kept secure and protected from public access.

(2) Upon participant request, a service provider shall provide an ignition interlock device that includes:

(a) Visual alerts to notify the driver of required actions, including a random test;

(b) Vibration alerts that may be effective in alerting a driver who is deaf or hard of hearing; or

(c) Both §F(2)(a) and (b) of this regulation.

G. Mandatory Operational Features - Camera.

(1) The device shall have a camera with the capability of recording and storing still images without the capability to record sound or video and that records photographic images only while the device is testing the blood alcohol level of the individual taking the test or if tampering with the device is detected.

(2) The camera required under §G(1) of this regulation:

(a) May not pose a threat to the individual taking the test or passengers of the vehicle in the event it becomes displaced;

(b) Shall take an image of the individual taking the test with sufficient clarity and resolution to allow the individual taking the test to be identified;

(c) Shall operate in all lighting conditions, and capture a clear image of the individual taking the test for identification; and

(d) Shall focus on and take images of the individual taking the test while the individual is completing the breath alcohol test with the ignition interlock device as specified by the Administration.

Md. Code Regs. 11.13.10.04

Regulations .04 adopted as an emergency provision effective January 31, 1989 (16:4 Md. R. 487); adopted permanently effective May 29, 1989 (16:10 Md. R. 1109); amended effective 43:6 Md. R. 409, eff.3/28/2016; amended effective 46:19 Md. R. 815, eff. 10/1/2019; amended effective 51:7 Md. R. 321-354, eff. 4/15/2024.